Does Procedural Mean Trans-substantive? A Historical and Normative Analysis of English Civil Procedure Rules

2020 ◽  
pp. 245-268
Author(s):  
Carla Crifo
Keyword(s):  
Nineteenth Century ◽  
Legal System ◽  
Civil Procedure ◽  
Federal Courts ◽  
Civil Litigation ◽  
American System ◽  
Normative Analysis

One of the outcomes of the Judicature Acts’ reforms of English civil litigation in the nineteenth century was the separation of ‘substance’ from ‘procedure’, by introducing rules of court that were expected to apply trans-substantively, in contrast to the previous forms of action. This was not an express central aim of the reformers, who may also have been influenced by the then concurrent creation of the American system of federal courts and their civil procedure. The chapter identifies the historical, philosophical, and ideological buttresses of the trans-substantive nature of procedural rules in the English legal system, and how trans-substantivity itself differs from the cognate values of generality and uniformity. It then explores whether any one of these concepts is still used, or useful, in English civil procedure.

scholarly journals Some Important Features of Lithuania Civil Procedure

2019 ◽  
Vol 2 (1) ◽  
pp. 45-51
Keyword(s):  
Group Action ◽  
Legal System ◽  
Western Europe ◽  
Civil Procedure ◽  
European Countries ◽  
Civil Litigation ◽  
Civil Justice ◽  
Central European ◽  
Civil Proceedings ◽  
Preparatory Stage

As in all Eastern and Central European countries, legal system in Lithuania, including civil justice, has undergone many reforms since 1990. In 2003 new Lithuanian Code of Civil Procedure came into force and finally traditions of Western Europe (mainly German and Austrian ones) were systematically introduced into civil litigation in Lithuania. The aim of this article is to present some distinct aspects of Lithuanian civil procedure. It has been chosen to present electronification of civil proceedings because if it’s broadly known success throughout Europe. Preparatory stage is described because this stage of civil proceedings was reformed drastically in 2003. Group action is discussed as one of examples of unsuccessful reforms of Lithuanian civil justice.

scholarly journals A Legal History of the New Zealand Jury Service - Introduction, Evolution, and Equality?

1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Legal System ◽  
Legal History ◽  
Race And Gender ◽  
Jury Service ◽  
History Of ◽  
Jury System ◽  
And Gender ◽  
Service Introduction

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

A Practical Approach to Civil Procedure

2021 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Road Traffic ◽  
Case Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Small Claim ◽  
Key Points ◽  
Rule Changes ◽  
Summary Judgment ◽  
Civil Courts

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 2) Rules 2021 and the 129th Update. Changes incorporated into the new edition include: Pre-action protocol for small claim road traffic accident cases and the new PD 27B; procedural aspects of the tariff system for whiplash injuries under the Civil Liability Act 2018; recent case law on service of claim forms and particulars of claim; revised rules on costs management; changes to the rules on statements of truth; revisions to the chapter on summary judgment, including the cheque rule and the approach taken in summary judgment applications for discretionary remedies; replacement PD 51U on disclosure of documents in the Business and Property Courts; case law developments on legal professional privilege and without prejudice privilege; developments on search orders, and case law on imaging orders; further guidance on remote hearings; and debt respite procedures.

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